A large part of the work at these chambers is brought by women, and it is attended to by Adv. Tamanna Shaikh personally. What follows is a plain description of the proceedings available under Indian law. It is information, not advice on any particular case; what applies to a given situation depends on its own facts.
Protection of Women from Domestic Violence Act, 2005
An application under Section 12 of the Act is made to the Magistrate, and the reliefs that may be sought include a protection order under Section 18, a residence order under Section 19 (which can secure a woman’s right to remain in the shared household), monetary relief under Section 20 for maintenance and for losses suffered, an order for custody of children under Section 21, and compensation under Section 22. Interim and ex parte orders may be passed under Section 23 while the application is pending. A domestic incident report may be recorded through a Protection Officer or a registered service provider.
The Act covers physical, sexual, verbal, emotional and economic abuse, and it applies to a woman in a domestic relationship — not only to a wife.
Maintenance
Applications for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which corresponds to Section 125 of the Code of Criminal Procedure), monetary relief under Section 20 of the Act of 2005, and maintenance under the personal law applicable to the parties, including interim maintenance and maintenance for children.
Matrimonial proceedings
Petitions for divorce, judicial separation, nullity and restitution of conjugal rights under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, including petitions for divorce by mutual consent, before the Family Court at Bandra.
Matters under Muslim personal law
Dissolution of marriage at the instance of the wife on the grounds set out in the Dissolution of Muslim Marriages Act, 1939; khula and mubarat; claims for mahr; maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986; and proceedings arising under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which deals with the pronouncement of talaq-e-biddat. Enquiries on these matters are frequent at these chambers and are dealt with in Urdu, Hindi, Marathi or English as the client prefers.
Dowry and stridhan
Proceedings under the Dowry Prohibition Act, 1961; complaints in respect of cruelty under Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023; and applications for the return of stridhan — the ornaments, gifts and articles that belong to the woman herself.
Custody and guardianship
Applications for custody, guardianship and visitation under the Guardians and Wards Act, 1890 and under the personal law applicable, and applications for custody under Section 21 of the Act of 2005.
What to bring to a first consultation
Whatever exists, even if it is incomplete:
- Marriage certificate or nikahnama
- Identity documents
- Any police complaint or non-cognisable entry already lodged
- Medical papers, photographs, messages
- A list of the ornaments and articles given at the time of the marriage
- Details of the husband’s employment and income, if known
Nothing is turned away for being incomplete.
If you are in immediate danger
Telephone 112 for police assistance, or the Women’s Helpline on 181. Both operate at all hours. Legal proceedings can follow; safety comes first.